IRCC delays and mandamus · Canada
Mandamus lawyers: writ of mandamus for IRCC delays
When IRCC has held your application far longer than normal, a mandamus application (often called a writ of mandamus) asks the Federal Court to order a decision. Because it is a Federal Court application, our mandamus lawyers can act for applicants anywhere in Canada or abroad, from our offices in Abbotsford, Surrey and Vancouver.
- Sponsorship, PR, citizenship and study permit delays
- Demand letters and writ of mandamus applications in the Federal Court
- Clients across Canada and abroad, by phone and video
Book a delay consultation
Tell us a little about your situation and we'll be in touch to arrange a time.
Waiting far longer than normal? Before going to court, ask IRCC for an update and keep a record of every request. A mandamus application can force a decision, not an approval.
Most delay cases start with steps that cost little and sometimes solve the problem.
- Check that IRCC has everything it asked for and that your contact details are up to date
- Ask for an update through the IRCC web form, and consider requesting your GCMS notes to see what is happening inside the file
- Send IRCC a formal demand letter asking for a decision within a reasonable time
- If nothing changes, file an application for leave and judicial review seeking mandamus in the Federal Court
Keep copies of every update request and reply. They are evidence that the delay is not your fault.
A mandamus application is a type of judicial review in the Federal Court, so it follows the court’s rules and timelines.
- In many cases IRCC makes a decision after the application is filed, before the court rules
- The court can order IRCC to decide, and sometimes sets a deadline, but it cannot order IRCC to approve your application
- Either decision ends the delay. If the answer is a refusal, it can then be challenged on its own
If your file involves security screening, the court may accept a longer delay. We will tell you honestly whether mandamus is likely to work.
- Review the delayWe compare your wait to normal timelines, check what IRCC has asked for and review your GCMS notes.
- Demand letterWe send IRCC a formal demand for a decision within a set time.
- File in the Federal CourtIf needed, we file an application for leave and judicial review seeking mandamus.
- Decision or hearingMany files resolve when IRCC decides; if not, we argue the case in court.
Writ of mandamus: questions
A writ of mandamus is a Federal Court order that requires a government decision-maker to carry out a legal duty, such as deciding an application. In immigration cases it is used when IRCC has delayed a decision without a good reason.
There is no fixed number of months. The court looks at whether the delay is longer than the process normally requires, whether you caused any of it, and whether IRCC has a good explanation.
It depends on how far the file goes. Many delays end after a demand letter or soon after the court application is filed, which costs less than a full hearing. We review your file and explain the likely cost at your consultation.
Yes. If IRCC has delayed a citizenship grant far beyond normal, a mandamus application can ask the Federal Court to order a decision. The same applies to sponsorship, permanent residence and temporary residence files.
No. The court can order IRCC to make a decision, but not to approve it. That is why your application should be complete and strong before you push for a decision.
Official sources: IRCC: Check processing timesIRPA s. 72: judicial review
Other immigration services
Family sponsorshipPermanent residenceCitizenshipHumanitarian and compassionateRefugee claimsPre-removal risk assessmentRefusals and appealsStays and deferrals of removalInadmissibilityEntering Canada with a DUIVisit, study and work
IRCC delays and mandamus help in Abbotsford, Surrey and Vancouver
Meet us at any of our offices, or by phone or video from anywhere in Canada or abroad.
Stuck waiting on IRCC?
Book a consultation and we will review your delay and tell you whether mandamus makes sense.